Backup Documents 05/23/2017 Item #16E 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16E 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP F1)01- 5/;c
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office56?q 519-Y/7
2. BCC Office Board of County b -‘
Commissioners N"1,16—/ SAZSV"\
3. Minutes and Records Clerk of Court's Office c ) o
2 � 3:r4
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Bendisa Marku/�dn�M6Tort Phone Number 239-252-8440
Contact/ Departmentv'C
Agenda Date Item was May 23,2017Agenda Item Number 16E3
Approved by the BCC
Type of Document Partial Assignment and Amendment Number of Original .v3
Attached Interlocal Agreement FDOT Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?( N I J
2. Does the document need to be sent to another agency for additional signatures? If yes, ....1).144.!.—'
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 1.) 1 lit ,
3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the Yes
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Yes
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip Xes'
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on date above and all changes made during Yes N' :
the meeting have been incorporated in the attached document. The County an option1or
Attorney's Office has reviewed the changes,if applicable. this line,
9. Initials of attorney verifying that the attached document is the version approved by the Yes N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature..4t czpi es
p les e;,r Maria u , 4 17-1)67
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.0 .04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
,_-_ _ 3
-� 16E
County o 'Colli r
CLERK OF THE CI CU COURT
COLLIER COUNTY C RTHO SE
3315 TAMIAMI TRL E STE 102 Dwight E.Brock-Clem f Circuit Court P.O, BOX 413044
NAPLES,FL 34112-5324 f NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor • bus odian of County Funds
May 26, 2017
FDOT
Attn: Matt Childs
Office of the General Counsel
605 Suwannee Street
Mail Station 58
Tallahassee, Florida 32399-0458
Re: Partial Assignment & Amendment of the Interlocal Agreement between
The Florida Department of Transportation and Collier County
Transmitted herewith are three (3) originals of the aformentioned referenced
document for your records per request, as adopted by the Collier County Board of
County Commissioners of Collier County, Florida on Tuesday, May 23, 2017,
during Regular Session.
Please forward a fully executed document to our office; we have provided an
envelope for your convenience.
Very truly yours,
DWIGHT E. BROCK, CLERK
Martha Vergara, De• ler `
Enclosure
Phone- (239)252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com
16E 3
PULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE NO POUCH NEEDED.
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16E 3
PARTIAL ASSIGNMENT AND AMENDMENT OF
THE INTERLOCAL AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF TRANSPORTATION
AND COLLIER COUNTY
THIS PARTIAL ASSIGNMENT AND AMENDMENT (the"Assignment") is between
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (the "Department"),
COLLIER COUNTY (the "County" or "Assignor"), and GREATER NAPLES FIRE RESCUE
DISTRICT, an Independent Special District created under Chapter 2014-240, Laws of Florida
("Greater Naples"or"Assignee")(the Department, County,and Greater Naples are each,a"Party"
and collectively,the "Parties"). This Assignment is effective on the date last signed.
RECITALS
mO071 mZ
WHEREAS, Pursuant to Section 163.01, Florida Statutes, and Section 338.26(3), Florida E o
Statutes, the Department and County previously entered into an Agreement dated May 9, 2014 N A °m W
(the "Agreement") to develop and operate a fire station at the Department's Mile Marker 63 Rest o O W
Area("the Fire Station") on Alligator Alley in Collier County, Florida; and c z o o o
N r n V
WHEREAS,the County and Greater Naples intend to consolidate the Ochopee Fire Control o 2 rn A ;,
District into Greater Naples but this will require future action by the Florida Legislature and n t 0
approval at referendum of the qualified electors within the Ochopee Fire Control District; and ° g
=no
mG)
WHEREAS, as an interim measure, until action can be taken by the Florida Legislature, 0 N
the County desires for Greater Naples to assume the County's responsibility for management of c A
the Ochopee Fire Control District,including its fire station located at Mile Marker 63 that is funded
n
through the Interlocal Agreement, pursuant to and in accordance with the Agreement; and
WHEREAS,the County and Greater Naples entered into an Interlocal Agreement for Fire
and Rescue Services, dated September 13, 2016,the County agreed to assign the Agreement with
the Department that provides funding for the station located at Mile Marker 63,pursuant to Section
14.H, of the Agreement; and
WHEREAS, the Parties have agreed to partially assign the Agreement from Assignor to
Assignee, and also to modify the Agreement by this Assignment.
NOW, THEREFORE, in consideration of the mutual covenants of this Assignment, the
Parties agree as follows:
AGREEMENT
1. Recitals. The recitals set forth above are true and correct and are hereby incorporated into
this Agreement in their entirety.
2. Assignment:
PARTIAL ASSIGNMENT AND AMENDMENT OF DEPARTMENT-COLLIER COUNTY INTERLOCAL AGREEMENT (�
1 'rid
16E 3
a. Assignor grants,bargains, sells, conveys,transfers, assigns, and sets over its entire
right, title, interest in and duties under the Agreement as amended, but excluding
Assignor's duties under Section 8.D. and 8.F. of the Agreement as amended
regarding repayment of the advance payment and interest to the Department, and
including but not limited to the Airspace Agreement attached to the Agreement as
Exhibit A, to Assignee subject to the covenants and conditions set forth in this
Assignment.
b. Assignee assumes all obligations of Assignor under the Agreement for all work
undertaken by Assignor prior to the effective date of this Assignment,and Assignee
assumes the Agreement and will perform faithfully all of the covenants,
stipulations, and agreements contained in the Agreement. However,
notwithstanding the foregoing,Assignor's retains its duties under Section 8.D. and
8.F. of the Agreement as amended regarding repayment of the advance payment
and interest to the Department.
c. Within thirty (30) days of execution of this Assignment, the Assignor shall return
to the Department all funds advanced by the Department to Assignor under the
Agreement and any interest earned on such advanced funds.
d. The Department consents to the partial assignment of the Agreement to Assignee.
e. Assignor represents, and Assignee accepts,that there are no claims or demands
against the Department arising out of or related to the performance under the
Agreement prior to the effective date hereof
3. Amendment: The Agreement is modified as follows:
a. All references to"County"or"the County"in the Agreement, except as set forth in
Amendment 3.b. and 3.c below, are deleted and replaced with"Greater Naples".
b. Section 8.D is deleted and replaced with the following:
D. All funds advanced by the DEPARTMENT shall be separated by the
County from all other funds; and all funds advanced and all interest earned on such
advanced funds shall be returned to the DEPARTMENT by the County within
thirty (30) days of execution of the Partial Assignment of the Agreement from the
County to Greater Naples.
c. Section 8.F. is deleted and replaced with the following:
F. In the initial year of the Term and during the subsequent years of the Term
and subject to the terms of this Agreement, the DEPARTMENT will fund Greater
Naples for its direct actual costs of operating the fire station an amount each year
not to exceed $1,498,100.00, as outlined in Exhibit"B" and as adjusted for CPI as
outlined in paragraph C above. Greater Naples will invoice on a monthly basis
PARTIAL ASSIGNMENT AND AMENDMENT OF DEPARTMENT-COLLIER COUNTY INTERLOCAL AGREEMENT
2
16E 3
direct actual costs incurred. The County shall return all funds advanced and interest
earned to the DEPARTMENT within thirty (30) days of execution of the Partial
Assignment of the Agreement from the County to Greater Naples.
d. Section 14.I is amended to delete the name and address for the County and replace
it with the following:
Greater Naples Fire Rescue District
Greater Naples Fire Rescue
14575 Collier Blvd.
Naples, Florida 34119
e. Exhibit"E",Joint Resolution of the Board of Commissioners of Collier County and
the Greater Naples Fire Rescue District authorizing the County and Greater Naples
to enter this Assignment, is attached to this Assignment and incorporated into the
Agreement as Exhibit "E".
f. Unless as otherwise amended by this Assignment, all terms and conditions of the
Agreement shall remain.
4. Counterparts., Email Signatures. This Assignment may be executed in any number of
counterparts, each of which shall be considered an original, and all of such counterparts shall
constitute one amendment. To facilitate execution of this Assignment, Department, County, and
Greater Naples may execute and exchange by e-mail as a portable document format or other
electronic imaging, counterparts of the signature page, which shall be deemed original signatures
for all purposes.
[Signature Page Follows]
PARTIAL ASSIGNMENT AND AMENDMENT OF DEPARTMENT-COLLIER COUNTY INTERLOCAL AGREEMENT
3 �bJ
16E 3
The Parties have executed this Assignment on the dates below.
COUNTY - (Assignor) DEPARTMENT
The Board of Commissioners of Collier STATE OF FLORIDA,
County, 410 DEPARTMEN ' 0 TRANSPORTATION
By: di
By: Name: / i ,a .
Name: Penny for Title: ► ■. _ 'i rr
Title: Chairman
Date cuted by Department:
exbvA- a.Q , 2017
Date executed:
, 2017
Legal Review:.( L.//'
ATTEST:
Dwight E. Brock, Clerk
-es as a airman s 4'
.to F•,Li a • a alit :
Scott R. eac , Deputy County Attorney
GREATER NAPLES —(Assignee)
Greater Naples Fire Rescue District
By: 1,
Name: / PAa
Title: Cit Af`O--v,,.trJ
Date execute
qt, 7 , 2017
PARTIAL ASSIGNMENT AND AMENDMENT OF DEPARTMENT-COLLIER COUNTY INTERLOCAL AGREEMENT
4